But Rosenthal said Holmes had not exhausted those sources and had violated Lenhart's 1st Amendment qualified privilege regarding grand jury subpoenas.
12.
The Governor later returned the fines and New Jersey passed a state law providing reporters a qualified privilege in response to the case.
13.
The appellants, NEHAWU and its branch secretary, denied that the statements were defamatory; in addition, they claimed qualified privilege.
14.
Holmes said he wants the case to lead to a resolution of whether reporters in Texas have a qualified privilege to refuse to identify sources.
15.
A state court in Chicago threw out her suit, but then an appeals court reinstated it last year, saying the qualified privilege can be abused.
16.
"If it is a qualified privilege, it means if there is an error, you must prove there wasn't malice ."
17.
NBC challenged the subpoenas, citing the qualified privilege on material gathered from nonconfidential sources _ a protection that the network said derived from the First Amendment.
18.
The decision on whether, having regard to the admitted or proved facts, the publication was subject to qualified privilege is a matter for the judge.
19.
All Lords noted that, in cases such as this, the defence of qualified privilege would defeat such an action unless the plaintiff proved Lord Keith.
20.
One of the recognised occasions that enjoys qualified privilege is where such statements are published in the discharge of a duty or in the exercise of a right.
